About your Search

20121202
20121210
Search Results 0 to 11 of about 12 (some duplicates have been removed)
to take it up. many of us thought this is exactly what's going to happen with the prop 8 case. the doma case is slightly different. but many of us thought the prop 8 case it's going to go back. it's going to be legal in california but nowhere else and the court is going to wait another ten years. >> so what are the implications -- the differing implications of how they could rule? what different parts of the gay marriage question e could they resolve? >> the doma case is a much more easy case. all it does is to return congress to its original position of following whatever states say the definition of marriage are. so it was crafted because it's a movement. they tend to be pro-state's rights and the liberals are pro-gay so arguing towards the middle, these are justice kennedy's favorite things. that's clearly a fifth vote for this case. we assume. so i think everyone imagined everyone since appellate court struck it down, that it leads to the supreme court to review the case. everyone thought they would take the case. i think they are going to do the right thing and strike it down. the
. the justices will also review a provision of the federal "defense of marriage act" or doma that deprives legally married gay couples of federal benefits that are available to heterosexual couples. same-sex marriage is legal or will be soon in nine states and the district of columbia. but 31 states have amended their constitutions to bar gay unions. here with us to explain today's development, and where it could lead, is marcia coyle of "the national law journal." welcome back, marcia. >> thanks, marg wet. >> warner: so is it fair to say first of all that the court's decision to hear these first two cases in itself a momentous decision? >> absolutely. a number of gay rights organizations, particularly as if relates to the federal defense of marriage act have been working towards that point. and yes, whatever the court says, if it reaches the merits of these cases will be extremely important. >> warner: let's take them one by one, prop 8 in california first. remind us briefly of how what started out as a state issue ended am in the supreme court. >> the california supreme court a number of
with the prop 8 case. the doma case is slightly different for reasons we can go into. but many of us thought the prop 8 case it's going to go back. it's going to be legal in california but nowhere else and the court is going to wait another ten years. then wash out the outliers like intraracial marriage did. >> so what are the implications -- the differing implications of how they could rule? what different parts of the gay marriage question could they resolve? >> the doma case is a much more easy case. it's a much more challenge. all it does is to return congress to its original position of following whatever states' definition of marriage are. in some ways it was crafted, it's a movement. they tend to be pro-state's rights and the liberals are pro gay, so essentially toward the middle, these are justice kennedy's favorite things. that's clearly a fifth vote for this case. we assume. so i think everyone imagined everyone since appellate court struck down the congressional statute that invariably leads the supreme court to review the case. everyone thought they would take the case. i think t
to consider choosing and two prop 8 ones. they have one doma and one prop 8. >> what's fascinating, this is a court that has avoided this issue. it's been pathological. everyone in lawrence v. texas, the opinion was distorted in my ways because of a clear effort not to say anything that would have baring on the same-sex marriage issue. suddenly, they take two issues with the broadest possible front. the question is, what are they going to do and whether they are going to reach an impasse. if there's an impasse, sometimes they go for narrow decisions. there are outs in these cases. both cases have standing issues. questions of whether these are the party that is have a right to bring this type of challenge. the standing issues are particularly prominent in the doma case. the proposition 8 case probably offers the broadest scope for a major ruling. what people, many people hope, is that that would be the case where the court says this violates equal protection. you can't deny these people the same rights of marriage. if it were to do that, then it would effectively set aside 31 state
a decision that's down the road. there's a variety of different ways they could decide on doma. you know, they don't have to decide on equal protection grounds but the narrow question of benefits or certain benefits or certain tax breaks that married people who happen to be same sex should get or shouldn't get. so, there's a whole range of ways they could consider this. it doesn't mean they're just going to go in and determine that a law against same-sex marriage is illegal discrimination. there are a lot of other things they can do with it. >> benefits are one thing. recognition and allowance is another thing. here's the other thing. it is real hard to get breaking material and information out of the supreme court before they're ready to give it but on occasion good connections yield something and yet a lock-up in terms of what they might do with prop 8 and doma. >> yeah. that's true. but you have to remember, on these big, sweeping social issues that the court has decided throughout history, desegregation of public schools comes to mind, brown versus the board of education, that sat on
important cases, prop 8 out of california and doma out of new york. a federal court recently overturned prop 8 after the measure passed by voters. the court will decide if doma violates the fifth amendment of equal protection under the law that applies to same-section couples legally married in other states. >>> today is a very happy day for same-section couples in washington state. it is the first day they can marry under the new law, legalizing gay marriage. couples began lining up for licenses early thursday morning. some courthouses opened up at midnight for the ceremonies to take place. several local judges also donated their time to marry the couples. ceremonies are expected all day today. >>> last week, washington state became the latest state to legalize marijuana and now businesses there are jumping on the opportunity to create more revenue for themselves and the state. fox has the details. >> reporter: the sign is an invitation to come inside frankie's sports bar and light up a joint. in between pool shots, that's just what herald caldwell does. >> this is my favorite place to go a
Search Results 0 to 11 of about 12 (some duplicates have been removed)

Terms of Use (10 Mar 2001)